[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 2911 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 2911 To provide economic development assistance and the planning and coordination needed to assist in development of the lower Mississippi Delta region. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES September 22, 1999 Mr. Berry (for himself, Mr. Ford, Mr. Gephardt, Mr. Tanner, Mr. Snyder, Mr. Thompson of Mississippi, Mr. John, Mr. Costello, Mr. Jefferson, Mr. Hutchinson, and Mr. Dickey) introduced the following bill; which was referred to the Committee on Banking and Financial Services _______________________________________________________________________ A BILL To provide economic development assistance and the planning and coordination needed to assist in development of the lower Mississippi Delta region. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Delta Regional Authority Act of 1999''. SEC. 2. FINDINGS AND STATEMENT OF PURPOSE. (a) Findings.--Congress finds that-- (1) the lower Mississippi River Delta region, though rich in natural and human resources, lags behind the rest of the country in economic growth and prosperity; (2) this region suffers from a greater proportion of measurable poverty and unemployment than any other region of the country, resulting in a drain on the national economy and diminishing the national wealth; (3) the greatest hope for economic growth and revitalization in the Delta region lies in the creation of jobs, the expansion of existing businesses, and the development of entrepreneurial local economies; (4) the economic progress of the Delta region requires an adequate physical infrastructure, a skilled and trained workforce, enhanced local leadership and civic capacity; and greater opportunities for enterprise development and entrepreneurship; (5) a concerted and coordinated effort among Federal, State, and local agencies, as well as with the private sector, nonprofit groups, and community-based organizations is needed if the Delta region is to share in the prosperity of the nation; (6) economic development planning on a regional or multicounty basis offers the best prospect for achieving the maximum benefit from public and private investments; and (7) improving the economy of the Delta requires a special emphasis on those parts of the Delta region that are most economically distressed. (b) Purposes.--The purposes of this Act are to-- (1) promote and encourage the economic development of the Mississippi River Delta region so that the communities and people in the Delta region have the opportunity to participate more fully in the nation's prosperity and so that the region's economy will no longer lag behind the rest of the nation on leading indicators of economic performance; (2) establish a formal framework for joint Federal-State collaboration in meeting the region's economic development needs and for focusing national attention on those needs; (3) assist the region in obtaining the basic infrastructure, skills training, local leadership capacity, and opportunities for enterprise development that are essential for strong local economies; (4) foster coordination among all levels of government, the private sector, community organizations, and nonprofit groups in crafting common regional strategies that will lead to broader economic growth; (5) strengthen efforts that emphasize regional approaches to economic development and planning; (6) encourage the participation of interested citizens, public officials, groups, agencies, and others in developing and implementing local and regional plans for broad-based economic and community development; and (7) focus special attention on those areas of the Delta region that suffer from the greatest economic distress. (c) Concentration of Investments.--Public investments made in the Mississippi River Delta region under this Act shall be concentrated in areas where there is significant and concentrated economic distress and where the expected impact on the region's poorest communities will be the greatest. While economic development in the region will require a wide range of investments, the limited Federal funds available under this Act shall be focused on the following activities in order to best build the foundations for long-term, self-sustaining economies and complement other Federal and State resources in the region: basic infrastructure in distressed counties; job related infrastructure; job training or employment-related education; leadership and civic development; and business development, especially entrepreneurship. TITLE I--THE DELTA REGIONAL AUTHORITY SEC. 101. MEMBERSHIP AND VOTING. (a) Establishment.--There is established the Delta Regional Authority (in this Act referred to as the ``Authority'') which shall be composed of 1 Federal member (in this Act referred to as the ``Federal cochairman'') appointed by the President by and with the advice and consent of the Senate, and 1 member from each participating State in the Delta region. The Federal cochairman shall be 1 of the 2 Cochairmen of the Authority. Each State member shall be the Governor of the State. The State members of the Authority shall elect a cochairman of the Authority from among the State members for a term of not less than 1 year. (b) Voting Rules.--Except as provided in section 103(c), decisions by the Authority shall require the affirmative vote of the Federal cochairman and of a majority of the State members (exclusive of members representing States delinquent under section 103(c)). No decision involving Authority policy, or any modification or revision thereof, approval of State or regional development plans, or any allocation of funds among the States may be made without a quorum of State members present. The approval of project and grant proposals shall be a responsibility of the Authority and exercised in accordance with section 223 of this Act. (c) Alternates.--Each State member may have a single alternate, appointed by the Governor of the State from among the members of the Governor's cabinet or the Governor's personal staff. The President, by and with the advice and consent of the Senate, shall appoint an alternate Federal cochairman. An alternate shall vote in the event of the absence, death, disability, removal, or resignation of the State or Federal representative for which he or she is an alternate. A State alternate shall not be counted toward the establishment of a quorum of the Authority in any instance in which a quorum of the State members is required to be present. No Authority powers or responsibilities specified in the last two sentences of subsection (b), nor the vote of any Authority member, may be delegated to any person not an Authority member or who is not entitled to vote in Authority meetings. (d) Compensation.--The Federal cochairman shall be paid by the Federal Government at the annual rate of basic pay payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. The alternate of the Federal cochairman shall be paid by the Federal Government at the annual rate of basic pay payable for level V of the Executive Schedule under section 5316 of such title 5, and, when not actively serving as an alternate for the Federal cochairman, shall perform such functions and duties as are delegated by the Federal cochairman. Each State member and his or her alternate shall be paid by the State which they represent at the rate established by law of such State. SEC. 102. FUNCTIONS OF THE AUTHORITY. (a) In General.--In carrying out the purposes of this Act, the Authority shall, in addition to the authorities and responsibilities elsewhere described in this Act-- (1) develop, on a continuing basis, comprehensive and coordinated plans and programs and establish priorities and approve grants thereunder for the economic development of the Delta region, giving due consideration to other Federal, State, and local planning and development activities in the Delta region, including establishment, not later than 9 months after the date of enactment of this Act, of priorities and 5-year regional outcome targets in a regional development plan; (2) provide for an understanding of the Delta region's needs and assets through research, demonstration, investigation, assessment and evaluation of the Delta region, in cooperation with Federal, State, and local agencies, universities and other nonprofit groups where appropriate, which will further the purposes of this Act; (3) review and study, in cooperation with the agency involved, Federal, State, and local public and private programs and, where appropriate, recommend modifications or additions which will increase their effectiveness in the Delta region; (4) formulate and recommend, where appropriate, interstate compacts and other forms of interstate cooperation, and work with State and local agencies in developing appropriate model legislation; (5) encourage the formation of, build the capacity of, and provide support for, local development districts; (6) encourage private investment in industrial, commercial, and other economic development projects; (7) serve as a focal point and coordinating unit for Delta programs; and (8) provide a forum for consideration of problems of the Delta region and proposed solutions and establish and utilize, as appropriate, citizens and special advisory councils and public conferences. (b) Liaison.--The Federal cochairman shall provide effective and continuing liaison between the Federal Government and the Authority. SEC. 103. AUTHORITIES OF THE AUTHORITY. (a) In General.--To carry out its duties under this Act, the Authority is authorized to do the following: (1) Adopt, amend, and repeal bylaws, rules, and regulations governing the conduct of its business and the performance of its functions. (2) Appoint and fix the pay of an executive director and such other personnel as may be necessary to enable the Authority to carry out its functions, except that such pay shall not exceed the maximum rate for the Senior Executive Service under section 5382 of title 5, United States Code, including any applicable locality-based comparability payment that may be authorized under section 5304(h)(2)(C) of such title. (3) Request the head of any Federal department or agency (who is so authorized) to detail to temporary duty with the Authority such personnel within his administrative jurisdiction as the Authority may need for carrying out its functions. Each such detail shall be without loss of seniority, pay, or other employee status. (4) Arrange for the services of personnel from any State or local government or any subdivision or agency thereof, or any intergovernmental agency. (5) Make arrangements, including contracts, with any participating State government for inclusion in a suitable retirement and employee benefit system of such of its personnel as may not be eligible for, or continue in, another governmental retirement or employee benefit system, or otherwise provide for such coverage of its personnel. (6) Accept, use, and dispose of gifts or donations of services or property, real, personal, or mixed, tangible or intangible. (7) Enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary in carrying out its functions with any department, agency, or instrumentality of the United States (which is so authorized to the extent not otherwise prohibited by law) or with any State, or any political subdivision, agency, or instrumentality thereof, or with any person, firm, association, or corporation. (8) Establish and maintain a central office at such appropriate location as it may select and field offices at such other places as it may deem appropriate. (9) Take such other actions and incur such other expenses as may be necessary or appropriate. (b) Cooperation of Federal Agencies.--The Federal agencies shall cooperate with the Authority and shall provide such assistance in carrying out the purposes of this Act as the Federal cochairman may request. (c) Administrative Expenses.-- (1) In general.--Administrative expenses of the Authority shall be paid by the Federal Government for the period ending on September 30, 2000. Thereafter, such expenses shall be paid 50 percent by the Federal Government and 50 percent by the States in the Delta region, except that the expenses of the Federal cochairman, his or her alternate, and his or her staff shall be paid solely by the Federal Government. (2) State shares.--The share to be paid by each State shall be determined by the Authority. The Federal cochairman shall not participate or vote in such determination. (3) Limitation on assistance to states.--No assistance authorized by this Act shall be furnished to any State or to any political subdivision or any resident of any State, nor shall a State member of the Authority participate or vote in any determination by the Authority, while such State is delinquent in payment of its share of the administrative expenses of the Authority. (d) Executive Director.--The Authority shall have an executive director who shall be responsible for carrying out the administrative functions of the Authority, for direction of the Authority staff, and for such other duties as the Authority may assign. (e) Treatment of Certain Employees.--No member, alternate, officer, or employee of the Authority, other than the Federal cochairman of the Authority, his or her staff, and his or her alternate and Federal employees detailed to the Authority under subsection (a)(3) shall be treated as a Federal employee for any purpose. SEC. 104. INFORMATION. In order to obtain information needed to carry out its duties, the Authority shall-- (1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and print or otherwise reproduce and distribute so much of its proceedings and reports thereon as it may deem advisable, and a cochairman of the Authority, or any member of the Authority designated by the Authority for the purpose, is authorized to administer oaths when it is determined by the Authority that testimony shall be taken or evidence received under oath; and (2) arrange for the head of any Federal, State, or local department or agency (who is so authorized to the extent not otherwise prohibited by law) to furnish to the Authority such information as may be available to or procurable by such department or agency. SEC. 105. PERSONAL FINANCIAL INTERESTS. (a) Financial Interest Rule.-- (1) In general.--Except as permitted by paragraph (2), no State member or alternate and no officer or employee of the Authority shall participate personally and substantially as member, alternate, officer, or employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in any proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other particular matter in which, to his or her knowledge, he or she, his or her spouse, minor child, partner, organization (other than a State or political subdivision thereof) in which he or she is serving as officer, director, trustee, partner, or employee, or any person or organization with whom he or she is serving as officer, director, trustee, partner, or employee, or any person or organization with whom he is or she is negotiating or has any arrangement concerning prospective employment, has a financial interest. Any person who shall violate the provisions of this paragraph shall be fined not more than $10,000, or imprisoned not more than 2 years, or both. (2) Limitation.--Paragraph (1) shall not apply if the State member, alternate, officer, or employee first advises the Authority of the nature and circumstances of the proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other particular matter and makes full disclosure of the financial interest and receives in advance a written determination made by the Authority that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the Authority may expect from such State member, alternate, officer, or employee. (b) State Salary Rule.--No State member or alternate shall receive any salary, or any contribution to or supplementation of salary for his or her services on the Authority from any source other than his or her State. No person detailed to serve the Authority under authority of subsection 103(a)(4) shall receive any salary or any contribution to or supplementation of salary for his or her services on the Authority from any source other than the State, local, or intergovernmental department or agency from which he was detailed or from the Authority. Any person who shall violate the provisions of this subsection shall be fined not more than $5,000, or imprisoned not more than 1 year, or both. (c) Applicability of Title 18.--Notwithstanding any other subsection of this section, the Federal cochairman and his or her alternate on the Authority and any Federal officers or employees detailed to the Authority pursuant to section 103(a)(3) shall not be subject to such subsection but shall remain subject to sections 202 through 209 of title 18, United States Code. (d) Voiding of Contracts.--The Authority may declare void and rescind any contract, loan, or grant of or by the Authority in relation to which the Authority finds that there has been a violation of subsection (a) or (b) of this section, or any of the provisions of sections 202 through 209 of title 18, United States Code. TITLE II--DELTA PROGRAMS PART A--PROGRAMS SEC. 201. ECONOMIC AND COMMUNITY DEVELOPMENT GRANTS. (a) In General.--The Authority is authorized to approve grants to States and public and nonprofit entities for projects, approved in accordance with section 223 of this Act, which will-- (1) assist the Delta region in obtaining the job training or employment-related education, leadership and civic development, and business development, especially entrepreneurship, that are essential for building strong local economies; (2) provide special assistance to severely distressed and underdeveloped counties that lack financial resources for improving basic services; (3) fund research, demonstrations, evaluations and assessments of the Delta region, technical assistance, training programs, and construction of necessary facilities incident to such activities; or (4) otherwise serve the purposes of this Act. (b) Funding.--Grant funds may be provided entirely from appropriations to carry out this section or in combination with funds available under other Federal or Federal grant-in-aid programs or from any other source. Notwithstanding any provision of law limiting the Federal share in any such other program, funds appropriated to carry out this section may be used to increase such Federal share, as the Authority determines appropriate. SEC. 202. SUPPLEMENTS TO FEDERAL GRANT-IN-AID PROGRAMS. (a) In General.--In order to enable the people, States, and local communities of the Delta region, including local development districts, to take maximum advantage of Federal grant-in-aid programs for which they are eligible but for which, because of their economic situation, they cannot supply the required matching share, or for which there are insufficient funds available under the Federal grant-in-aid law authorizing such programs to meet pressing needs of the Delta region, the Federal cochairman may use amounts made available to carry out this Act for all or any portion of the basic Federal contribution to projects or activities (in this section referred to as ``projects'') under such Federal grant-in-aid programs authorized by Federal grant- in-aid laws, and for the purpose of increasing the Federal contribution to projects under such programs above the fixed maximum portion of the cost of such projects otherwise authorized by the applicable law. Funds provided pursuant to this Act shall be available without regard to any limitations on areas eligible for assistance or authorizations for appropriation in any other Act. (b) Contribution.--In the case of any program or project for which all or any portion of the basic Federal contribution to the project under a Federal grant-in-aid program is proposed to be made under this section, no such Federal contribution shall be made until the responsible Federal official administering the Federal grant-in-aid law authorizing such contribution certifies that such program or project meets the applicable requirements of such Federal grant-in-aid law and could be approved for Federal contribution under such law if funds were available under such law for such program or project. The certifications and determinations required to be made by the Authority for approval of projects under this Act in accordance with section 223 shall be controlling and shall be accepted by the Federal agencies. Any findings, report, certification, or documentation required to be submitted to the head of the department, agency, or instrumentality of the Federal Government responsible for the administration of any Federal grant-in-aid program shall be accepted by the Federal cochairman with respect to a supplemental grant for any project under such program. (c) Federal Share.--Except as provided in section 204(b), the Federal share of the cost of a project for which assistance is provided under this title shall not exceed 80 percent. (d) Definition.--In this section, the term ``Federal grant-in-aid programs'' means those Federal grant-in-aid programs authorized for the acquisition or development of land, the construction or equipping of facilities, or other community or economic development or economic adjustment activities. SEC. 203. LOCAL DEVELOPMENT DISTRICTS; CERTIFICATION AND ADMINISTRATIVE EXPENSES. (a) Definition.--In this Act, a ``local development district'' means an entity certified to the Authority either by the Governor of the State, or the Governors of the States, in which such entity is located, or by the State officer designated by the appropriate State law to make such certification, as having a charter or authority that includes the economic development of counties or parts of counties or other political subdivisions within the Delta region. No entity shall be certified as a local development district for the purposes of this Act unless it is-- (1)(A) a nonprofit incorporated body organized or chartered under the law of the State in which it is located; (B) a nonprofit agency or instrumentality of a State or local government; (C) a nonprofit agency or instrumentality created through an interstate compact; or (D) a nonprofit association or combination of such bodies, agencies, and instrumentalities; and (2) organized and operated in a manner that assures broad- based community participation and an effective opportunity for other nonprofit and citizen groups to contribute to the development and implementation of programs in the Delta region. (b) As Lead Organizations.--Local development districts shall be the lead organizations serving multi-county regions at the local level and shall provide the linkage between State and local governments, nonprofit organizations, including community-based groups and educational institutions, the business community, and citizens. Activities of these organizations shall include but not be limited to multijurisdictional planning, technical assistance to local jurisdictions and potential grantees, and leadership and civic development assistance. (c) Grants.--The Authority is authorized to make grants for administrative expenses of local development districts, but (1) the amount of any such grant shall not exceed 80 percent of such expenses, (2) no grants for administrative expenses shall be made for a State agency certified as a local development district for a period in excess of 3 years beginning on the date the initial grant is made for such development district, and (3) the local development district contributions for administrative expenses may be in cash or in-kind, fairly evaluated, including space, equipment, and services. SEC. 204. DISTRESSED COUNTIES AND ECONOMICALLY STRONG COUNTIES. (a) Designations.--Not later than 90 days after the date enactment of this Act, and annually thereafter, the Authority, in accordance with such criteria as the Authority may establish, shall-- (1) designate as ``distressed counties'' those counties in the Delta region that are the most severely and persistently distressed and underdeveloped; and (2) designate as ``economically strong counties'' those counties in the Delta region that are approaching or have reached economic parity with the rest of the Nation. (b) Distressed Counties.--The Authority shall allocate at least 50 percent of the appropriations made available under section 301 of this Act for programs and projects designed to serve the needs of distressed counties. The funding limitations contained in section 202(c) of this Act shall not apply to projects providing basic services to residents in 1 or more of the Delta region's distressed counties. (c) Economically Strong Counties: Funding Prohibitions.--Except as provided in this subsection, no funds may be provided under this Act for a project located in a county for which a designation as an ``economically strong county'' is in effect under this section; except that the Authority may designate 1 or more areas in an economically strong county with respect to which financial assistance under this Act may be provided. This prohibition shall not apply to local development district administrative projects authorized by section 203(c) of this Act. The Authority may approve further exceptions to this prohibition for multi-county projects that include an economically strong county and for other projects upon a showing of significant potential benefits in areas of the Delta region outside the designated economically strong county. PART B--GENERAL PROVISIONS SEC. 221. DEVELOPMENT PLANNING PROCESS. (a) State Development Plans.-- (1) Schedule.--Pursuant to policies established by the Authority, each State member shall submit on such schedule as the Authority shall prescribe a development plan for the area of the State within the Delta region. (2) General requirements.--The State development plan shall reflect the goals, objectives, and priorities identified in the regional development plan developed under section 102(a)(1) of this Act. The State development plan shall-- (A) describe the State organization and continuous process for development planning, including the procedures established by the State for the participation of local development districts in such process, the means by which such process is related to overall statewide planning and budgeting processes, and the method of coordinating planning and projects in the Delta region under this Act, and other Federal, State, and local programs; (B) set forth the goals, objectives, priorities, and expected outcomes of the State for the Delta region, as determined by the Governor of the State, and identify the needs on which such goals, objectives, and priorities are based; (C) describe the development strategy for achieving such goals, objectives, priorities, and expected outcomes; and (D) describe how its proposed strategies will advance the Authority's goals and outcome targets. (3) Consultation.--In carrying out the development planning process, including the selection of programs and projects for assistance, States shall consult with local development districts, local units of government, and citizen groups and take into consideration the goals, objectives, priorities, and recommendations of such bodies. (b) Public Participation.--The Authority shall take such action as may be necessary to ensure public participation in the development, revision, and implementation of all plans and programs under this Act by the Authority, any State, or any local development district. The Authority shall develop and publish regulations specifying minimum guidelines for such public participation, including public hearings. SEC. 222. PROGRAM DEVELOPMENT CRITERIA. (a) In General.--In considering programs and projects to be given assistance under this Act and in establishing a priority ranking of the requests for assistance presented to the Authority, the Authority shall follow procedures that will ensure consideration of the following factors: (1) The relationship of the program or project or class of programs or projects to overall regional development. (2) The relative per capita income, poverty, and unemployment rates in the area to be served by the program or project. (3) The relative financial resources available to the applicants for assistance seeking to undertake the program or project. (4) The importance of the program or project or class of programs or projects in relation to other projects or classes of programs or projects which may be in competition for the same funds. (5) The prospects that the program or project for which assistance is sought will improve, on a continuing rather than a temporary basis, the opportunities for employment, the average level of income, or the economic and social development of the area served by the program or project. (6) The extent to which the program or project design provides for detailed outcome measurements by which grant expenditures may be evaluated. (b) No Relocations.--No financial assistance shall be authorized under this Act to be used to assist establishments relocating from 1 area to another. (c) Limitation.--Funds may be provided for programs and projects in a State under this Act only if the Authority determines that the level of Federal and State financial assistance under laws other than this Act for the same type of programs or projects in that portion of the State within the Delta region will not be diminished in order to substitute funds authorized by this Act. SEC. 223. APPROVAL OF DEVELOPMENT PLANS AND PROJECTS. (a) In General.--Subject to section 101(b) of this Act, a State or regional development plan or any multistate subregional plan which is developed under this title shall be reviewed by the Authority for approval under this section. An application for a grant or any other assistance for a project under this title shall be made through and evaluated for approval by the State member of the Authority representing the applicant. (b) Certification.--An application for a grant or other assistance for a project shall be approved only on certification by the State member and the Federal cochairman that the application-- (1) reflects an intent that the project comply with any applicable State development plan; (2) meets applicable criteria under section 222; (3) provides adequate assurance that the proposed project will be properly administered, operated, and maintained; and (4) otherwise meets the requirements of this title. (c) Votes for Decisions.--The certification by a State member of an application for a grant or other assistance for a project under this title shall, when joined by an affirmative vote of the Federal cochairman for the application, be considered to satisfy the requirements for affirmative votes for decisions under section 101(b). SEC. 224. CONSENT OF STATES. Nothing contained in this Act shall be interpreted as requiring any State to engage in or accept any program under this Act without its consent. TITLE III--AUTHORIZATIONS AND MISCELLANEOUS PROVISIONS SEC. 301. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Authority to carry out this Act and for necessary expenses for the Federal cochairman of the Authority, his or her alternate, and his or her staff, and for payment of the Federal share of the administrative expenses of the Authority to be available until expended, $30,000,000 for each of fiscal years 2001 through 2005. SEC. 302. DEFINITION OF DELTA REGION. In this Act, the term ``Delta region'' means those areas within the States of Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee as defined in section 4 of the Lower Mississippi Delta Development Act (Public Law 100-460). SEC. 303. RECORDS. (a) Authority.--The Authority shall maintain accurate and complete records of its doings and transactions and of all transactions and activities financed with Federal funds. The records of the Authority shall be available for audit and examinations by the Comptroller General or the duly authorized representative of the Comptroller General. (b) Recipients of Federal Assistance.--Recipients of Federal assistance under this Act shall, as required by the Authority, maintain accurate and complete records of transactions and activities financed with Federal funds and report thereon to the Authority. Such records shall be available for audit by the Comptroller General and the Authority or their duly authorized representatives. SEC. 304. ANNUAL REPORT. Not later than 6 months after the last day of each fiscal year, the Authority shall prepare and submit to the President, for transmittal to Congress, a report on the activities carried out under this Act during such year. <all>